Kellogg Consulting Kellogg Consulting

Contract and commercial advisory · Perth, Western Australia

Protect your margin from tender to final account.

Much of a project’s margin is decided by the contract: the risk accepted at tender, the notices given during delivery, and how well claims are made and settled. Kellogg Consulting gives contractors and principals senior commercial support at each of those points, drawing on more than 30 years on construction, infrastructure and resources projects in Australia, Germany and India.

Arrange a confidential discussion How we help

  1. Tender

    Risks found and priced

    Tender review, qualifications and departures.

  2. Award

    Terms you can deliver

    Negotiation and head contract finalisation.

  3. Delivery

    Entitlements protected

    Notices, variations and claims made on time.

  4. Final account

    Closed out cleanly

    Final account agreed and claims resolved.

Sectors

  • Power generation
  • Mining
  • Oil and gas
  • Industrial
  • Infrastructure
  • Defence
  • Government
  • Civil
  • Building
  • Renewables

Who we work with

  • Head contractors
  • Subcontractors
  • Principals and project owners

Where we help

When to bring us in

  • Our tender closes on Friday and nobody has been through the special conditions.

    We review the conditions, flag the risks that matter and draft your departures before you submit.

    Pre-award support

  • Our subcontracts don’t line up with the head contract.

    We align time bars, liability caps and payment terms, so the risk you accept upstream is passed down the chain.

    Procurement and subcontracting

  • We need senior commercial support, but not a full-time commercial manager.

    We act as your commercial lead for a single project, a critical phase or for as long as you need us.

    Contract management

  • Variations and delays are piling up, and none of them have been claimed.

    We establish entitlement, get the right notices out and prepare claims with robust quantum.

    Claims and dispute resolution

  • The payment schedule came back at a fraction of our claim.

    We prepare your response under the contract and Security of Payment legislation, and support you through adjudication where needed.

    Claims and dispute resolution

  • A dispute is taking up senior time and holding up payment.

    We find the root cause, set out your position and negotiate toward a commercial settlement.

    Claims and dispute resolution

Services

Commercial support at every stage of your project

Bring us in for a single tender review or as your commercial lead from tender through to close-out. Either way, you get senior commercial experience without adding a full-time commercial manager to your overheads.

  1. Pre-award support: tender and award
  2. Procurement and subcontracting: tender, award and delivery
  3. Contract management: award, delivery and close-out
  4. Claims and dispute resolution: delivery and close-out

Pre-award support

  1. Tender review and risk assessment

    Know what you are signing up to before you price it.

    • Tender document review
    • Contractual and delivery risks
    • Pricing, mitigation and exclusions

  2. Negotiation and head contract finalisation

    Sign terms you can deliver and get paid under.

    • Departure tables
    • Commercial responses
    • Negotiation
    • Contract execution

  3. Agreement drafting

    Written for the project and aligned with your head contract.

    • Design and construct subcontracts
    • Consultancy agreements
    • Supply and manufacturing contracts

Procurement and subcontracting

  1. Subcontracting strategy and tender management

    The right subcontractors carrying the right risks at the right price.

    • Procurement strategy
    • Tender packages
    • Bid evaluation
    • Negotiation

  2. Subcontract administration

    Issues resolved before they travel up or down the contract chain.

    • Change management
    • Alignment with the head contract
    • Early issue resolution

Contract management

  1. Project set-up and risk management

    Start the project with the contract understood.

    • Obligations, notices and time bars
    • Commercial management plans
    • Risk registers

  2. Contract interpretation and guidance

    Clear answers when the contract is unclear.

    • Contract advice
    • Formal correspondence
    • Commercial audits

  3. Contract close-out

    Close the project with your entitlements recovered.

    • Final accounts
    • Outstanding claims resolved

Claims and dispute resolution

  1. Claims preparation and negotiation

    Claims that are hard to reject and quicker to settle.

    • Variations
    • Delay and disruption
    • Acceleration
    • Entitlement and quantum

  2. Payment claims and quantum

    Cash flow and statutory rights protected.

    • Payment claims
    • Payment schedules
    • SOP Act compliance
    • Cost and quantum analysis

  3. Dispute resolution support

    A commercial outcome that keeps the project moving.

    • Root cause analysis
    • Position papers
    • Coordination with internal or external legal team
    • Negotiated settlement

Ways to engage

Support scaled to what you need

Focused review

A defined piece of work with a clear deliverable: a tender risk review, a contract mark-up and departure table, a claim or a payment schedule.

SuitsA tender closing, a contract about to be signed, or a claim or payment schedule falling due.

Ongoing commercial support

A senior commercial lead on your team for set days each week, scaled up for tender periods and down when things are quieter. We work remotely and join you in the office when it matters.

SuitsContractors without a full-time commercial manager, or commercial teams under pressure.

Claims and disputes

Support from the first notice to settlement: entitlement, quantum, position papers and negotiation, working alongside your legal team if a matter escalates.

SuitsUnresolved variations, delay claims, payment disputes and contra-charges.

Contract forms

Experience across delivery models and contract forms

Bespoke agreements and amended Australian and international standard forms, for head contracts, subcontracts, consultancy and supply. We know where these forms typically shift risk, and which amendments deserve a closer look.

Delivery models

  • EPC
  • Design and construct
  • Construct only
  • Alliance
  • Maintenance frameworks
  • Consultancy
  • Supply and manufacture
  • Bespoke and amended standard forms

Team

Our leaders

A small team by design. Every engagement is led by Vishal, so you get senior experience from the first conversation to the final account.

Vishal Gupta

Vishal Gupta

Principal Consultant and Director

Vishal began his career in 1995 as a mechanical engineer on EPC power projects with ABB in New Delhi. He then led procurement and supply chain on Alstom power projects and managed control system renovations for ABB, before joining Alstom’s turbo-machinery business in Germany in 2006. There he managed the contracts for the 410 MW Bluewaters Power Station in Collie, Western Australia.

From 2009 to 2018 he was a Contracts Manager and then Commercial Manager at Downer in Brisbane and Perth, leading commercial management for construction and maintenance businesses in the mining, energy and industrial sectors. He founded Kellogg Consulting in 2021.

Across his career he has prepared, assessed and negotiated delay and disruption claims, adjudications, insurance claims and formal disputes.

Roshi Gupta

Contracts Administrator

Roshi has experience working with the Public Transport Authority (PTA), Western Power, the Public Trustee and the Department of Foreign Affairs and Trade (DFAT).

Company particulars

Practice
Kellogg Consulting Pty Ltd
ABN
41 175 085 872
Principal
Vishal Gupta, Principal Consultant and Director
Based in
Perth, Western Australia
Sectors
Power generation, mining, oil and gas, industrial, infrastructure, defence, government, civil, building, renewables

Approach

How we work

Both sides of the contract

We have administered contracts for contractors and for principals, so we anticipate how the other side will read the same clauses and prepare your position accordingly.

An engineer’s reading

Vishal started out as a mechanical engineer. We read scope, specifications and programme alongside the conditions, where many claims are won or lost.

Risk managed from tender

Risk workshops identify the contractual and delivery risks and agree how each will be treated before a price goes in, so fewer surprises reach site.

Disputes avoided early

We raise issues early and settle them commercially, protecting relationships and cash flow and keeping formal disputes the exception.

Contact

A tender closing, a contract to sign or a claim to make?

Call or email Vishal for a confidential conversation about where you stand and what to do next.

Phone +61 428 635 612
Email vishal@kelloggconsulting.com.au